Court : Rajasthan
Decided on : Feb-07-2001
Reported in : 2007(3)WLN491
..... of the jagir, the tenant would be accepted as a khatedar and it would be entitled to have khatedari rights over the said land.6. the act contains the definition clauses, as under:2. (i)'khudkasht' means any land cultivated personally by a jagirdar and includes:(i) any land recorded as khudkasht, sir, ..... land was in actual possession and cultivation of the jamidar on the date of vesting. as the said act of 1959 does not contain the definition of 'khudkasht' land the provision under the 1958 act has been provided and the hon'ble supreme court interpreted it to mean as only in personal cultivation. ..... and anr. v. thakur radhavallabhji and ors. : [1967]2scr618 and held that deity is a perpetual minor and as per the provisions of section 46 of the act 1955 its interest is to be protected by the state, revenue authorities and the courts. the question of alienation of its property is not ..... judgment and orders of the learned board of revenue dated 27.12.1997 (annx. 4) and 2.7.1998 (annx. 6) by which the reference made by the authority under section 82 of the rajasthan land revenue act has been rejected and its review application has also been dismissed.2. the facts and ..... or hawala in settlement records; and(ii) any land allotted to a jagirdar as khudkasht under chapter-iv.2 (k) 'land cultivated personally' with its grammatical variations .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-18-2001
Reported in : AIR2002Raj109; 2002(2)WLC182
..... character of a commercial nature, he cannot fall within the ambit of 'commercial establishment' as defined in section 2(4) of the aforesaid act. ultimately the apex court held that the professional establishment of a doctor cannot come within the definition of commercial establishment under the said act.23. in v. sasidharan v. peter & karunakar (3), the question was whether the office of a lawyer ..... ) kerala shops and commercial establishments act. the apex court court then observed that whatever may be the popular conception or misconception regarding the role of today's lawyers and the alleged narrowing of ..... not apply to his dispensary. according to the apex court, the correct test of finding whether a professional activity falls within section 2(4) of the act is whether the activity is systematically and habitually undertaken for production or distribution of goods or for rendering material services to the community or any part of the community with ..... is a commercial establishment or not and the apex court answered it by holding that the office of a lawyer or of a firm of lawyers is not a 'commercial establishment' within the meaning of section 2(4 .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-26-2001
Reported in : RLW2003(1)Raj352; 2003(1)WLN695
..... , first it is to be seen what the word 'premises' means.18. the word 'premises' has been defined in section 3(v) of the act of 1950, which reads as under: -3. definitions.-(v) premises means.- (a) any land not being used for agricultural purposes; and(b) any building or part of a ..... in such building or part.(iii) any fittings, affixed to, and amenities provided in, such building or part for the more beneficial enjoyment thereof; and(iv) any land appurtenant to and let with any such building or part, but does not include a room or other accommodation in a hotel, dharamshala, inn ..... plaintiff for eviction of the original-defendant from the suit premises. the learned addl. munsiff no. 2, jodhpur decided the issues no. 2 and 4 in favour of the the original plaintiff and agains'. the original defendant in the following manner:-(1) that the case of the original defendant that the ..... original-defendant from the suit premises.the suit of the original plaintiff was contested by the original defendant by filing a written statement on 2.4.1976. in the said written statement, it was alleged by the original-defendant that he has not made any illegal encroachment by putting stones ..... father of the original-plaintiff and after the settlement, the disputed house came in the share of the original plaintiff shambhunath with effect from 1.4.1972 and the original-defendant was informed accordingly and since then, original-defendant was paying monthly rent to the original plaintiff-shambhunath.it may be .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-22-2001
Reported in : 2002(142)ELT42(Raj); 2003(2)WLN240
..... petitioner-companies is that they are manufacturers of the man made fabrics with the aid of hot air stentering machine. they are covered under the definition of 'independent processor'. each of the petitioner company submitted an application before the assistant commissioner, central excise division, jodhpur, stating that as they ..... clause 5 of the impugned notification has become redundant. in the changed circumstances, it is submitted that in view of withdrawal of section 3a of the act of 1944 under which the said impugned notification was issued, clause 5 of the impugned notification whereby independent processor of the processed textile ..... of modvat credit, has been challenged.2. the relevant rules read as under:'in exercise of the powers conferred by sub-section (3) of section 3a of the central excise act, 1944 (1 of 1944), the central government hereby specifies that the rate of excise duty on processed textile fabrics falling under ..... and cleared thereafter.5. it is worthwhile to mention that during pendency of the writ petition, in the finance bill of 2001, section 3a of the central excise act, 1944 has been withdrawn and consequently, notification no. 38/98 dated 10.12.1998 also stands non-existent. thus, the say ..... clause 5 of the impugned notification cannot be applied.4. per contra, it is submitted by the revenue that the credit in balance as on 15.12.1998 can only be utilised by paying duty as specified in section 3a of the act and, as such, credit lying unutilised as on 16 .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-06-2001
Reported in : 2001(2)WLC408; 2001(2)WLN620
..... together. the fact that the govt. of rajaslhan issues licences for sale of doda post and licence is issued for consumption thereof, will also have definite bearing on the issue as to whether possession of opium water or doda post in very negligible quanlity should result in deprivation of the personal liberty ..... question of contraband being seized from his possession. there also in all probability can be no question of violation of the provisions of sec. 42 or sec. 50 of the act and unless the relationship between the crime and the accused shows on the statement of the co-accused but the possession of that co ..... accused. courts may no be unjustified if it is considered as a strong circumstances for releasing the accused on bail as an exception to sec. 37 of the act.(22). then the question of possession of opium by person or in the house in the slate of rajasthan are required to be ..... be invoked and bail can be granted. differently put the argument is prima facie obvious violation of provisions of sec. 42 and or 50 of the ndps act is one of the exceptions mentioned in sec. 37.4. that for the past centuries in rajasthan, occasional consumption of opium on certain festivities or mornings is traditionally ..... can be suspended only by the process of law. the due process of law, that we are facing today, is contained in the ndps act. the provisions of sec, 37 thereof prohibit grant of bail which was the direct consequence of restoration of right of liberty in certain cases only.(5). taking into .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-13-2001
Reported in : 2002(2)WLN193
..... -respondent is not sustained.14. the other contention raised by the learned counsel for the petitioner is that though land acquisition officer in his enquiry under section 5-a of the acquisition act, after notification under section 4 was issued, has agreed with the objection raised that the land in question is not reasonably required by the krishi upaj mandi samiti, but the state ..... award has not been made before the commencement of the act of 1984, the award shall be made within a period of two years from the date of such commencement else the entire proceedings for acquisition of land shall be lapsed. we may notice that in the present case notification under section 4 has been made in respect of lands in question vide ..... , 1983.3. the petition came to be finally heard on 4th september, 1991.4. during the pendency of the writ petition, the land acquisition (amendment) act, 1984 came into force w.e.f. 24th september, 1984. alongwith other amendments made in the provisions of the land acquisition act, 1894, section 11-a was inserted, which read as under:11-a. period within which an ..... (4), in which case waiting for making of an award is not required. otherwise proceedings for determining award is installed only by issuing notices under section 9 of the land acquisition act, 1894. the section 9 of the act envisages, causing a public notice to be given at convenient places on or near the land to be taken stating that the 'government intends to take .....
Tag this Judgment!Court : Rajasthan
Decided on : May-11-2001
Reported in : 2002(1)WLN329
..... of 55 percent would not be able to undertake his routine agriculture work as a normal man and definitely his working capacity has substantially been reduced due to permanent disablement. in totality of the facts and circumstances of this case, it is ..... (iii) damages for the loss of expectation of life, i.e. on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life.'(14). in the instant case, the appellant being agriculturist having disability to the extent ..... joint.(9). the injured-claimant was examined by dr. anil k. banbir, m.s. (orthopaedic), junior specialist, government hospital, dungarpur on 4.2.95 and accident took place on 13.10.92. as such, it is clear that the appellant was examined with regard to disability after ..... unable to undertake agriculture work. he has been deprived of income for the present and future. he has also placed on record the injury report ex. 4, certificate of permanent disablement ex. 7, medical treatment prescription of dr. mahendra singh tyagi, junior specialist (surgery), sagwara ex. 10, medical treatment prescriptions ..... respondent no. 1. while deciding the issue of quantum of compensation, the learned tribunal assessed and awarded a sum of rs. 300,000/-.(4). issue of negligence is not under challenge and, therefore, it has become final.(5). i have heard learned counsel for the parties and .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-2001
Reported in : 2001(3)WLC476; 2007(3)WLN19
..... -section (6) provides that if a tenant makes payment or deposit as required by sub-section (1) or sub-section (3), no order shall be made for recovery of possession on the ..... rent in relation to the premises to be paid or deposited in accordance with the provisions of sub-section (1) or (2) as the case may be, until the standard rent in relation thereto is fixed having regard to the provisions of the act. then sub-section (4) comprehends the eventuality of the dispute about the person to whom rent is payable. then sub ..... what was provisionally determined by the trial court.31. from the survey of the various case law referred to above, this much is definitely settled that the court has power by section 5 of the limitation act to condone the delay in making deposit under section 13(3) or 13(4). likewise it is also settled that the power to strike out the defence under ..... the eviction is required to be struck out. these two applications have been disposed of by the impugned order, whereby the petitioner's application under section 13(4) of the act read with section 5 of the limitation act has been dismissed and accepting the plaintiffs application the petitioner's defence against the eviction has been struck out. the learned trial court recorded a positive .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-20-2001
Reported in : 2001(2)WLC502; 2002(2)WLN533
..... sub-section (4) of section 3 of the act, the detention order remains in force for more than twelve days after making thereof unless in the meantime it stands approved by the state government. in this view ..... are required to be communicated to the central govt. within seven days. and when detention is ordered by state govt.'s delegated officer in exercise of its powers under sub-section (4) of section 3, then such delegated officer has to report the fact of detention together with the grounds of detention ordered to the state government forthwith. no doubt as envisaged under ..... the executive upon a representation of the detenu, the grounds of detention and where the order is by an officer (district magistrate or delegated officer under the act), his report under section 3(4) of the act. thus in view of the settled position that the advisory board has only to determine as to the justification of the detention of the detenu referred to ..... , why is the specification of a period to be regarded as vitally or at all necessary? so far as the detenu is concerned, his detention will not be any more definite and less irksome if it is open to the appropriate government to continue the detention by an indefinite number of orders made from time to time until the expiry of .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-26-2001
Reported in : (2002)172CTR(Raj)20
..... is not an assessable entity recognized independent of its partners in the scheme of wealth tax act, as is the case under the income tax act. nonetheless, while computing net wealth of an assessee, who is a partner in a firm, clause (b) of sub-section (1) of section 4 envisages in no uncertain terms that, where the assessee is a partner in a firm ..... outside the purview of commissioner of wealth tax, under section 25 of the wealth tax act.whether assessment is made ..... under sub-section (1) of section 16 ..... refundable to him on the basis of such assessment.'10. regular assessment under section 2(ob) has been defined to mean assessment under section 16. this definition is without distinction whether it is under sub-section (1) or sub-section (3). we are unable to find any basis on which the order under section 16(1) cannot be considered to be an order which would be .....
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